Case Note & Summary
The petitioner, an accused in ACB Ballari Crime No.10/2018, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the FIR registered by the Anti Corruption Bureau, Ballari for offences punishable under Sections 7(a) and 7A of the Prevention of Corruption Act, 1988. The petitioner contended that he was a public servant and that no prior sanction under Section 19 of the Act had been obtained before registration of the FIR. The court examined the provisions of Section 19 of the Prevention of Corruption Act, 1988, which mandates that no court shall take cognizance of an offence under the Act without previous sanction from the competent authority. The court held that the requirement of sanction is mandatory and applies at the stage of taking cognizance. Since the FIR was registered without such sanction, the proceedings were invalid. The court allowed the petition and quashed the FIR and all further proceedings pending before the III Special District and Sessions Court, Ballari (Hosapete Bench).
Headnote
A) Criminal Law - Prevention of Corruption Act, 1988 - Sanction for Prosecution - Section 19 - Mandatory Requirement - FIR registered under Sections 7(a) and 7A of the Prevention of Corruption Act, 1988 against a public servant - Held that prior sanction under Section 19 is mandatory before taking cognizance of offences under the Act - In absence of sanction, FIR and proceedings are liable to be quashed (Paras 3-5).
Issue of Consideration
Whether the FIR registered under Sections 7(a) and 7A of the Prevention of Corruption Act, 1988 can be quashed for want of sanction under Section 19 of the Act?
Final Decision
Petition allowed. FIR dated 15.11.2018 in Crime No.10/2018 registered by respondent No.1 police and all further proceedings pending before the III Special District and Sessions Court, Ballari (Hosapete Bench) are quashed.
Law Points
- Sanction under Section 19 of Prevention of Corruption Act
- 1988 is mandatory for prosecution of public servant
- Quashing of FIR under Section 482 Cr.P.C. for lack of sanction
- Sections 7(a) and 7A of Prevention of Corruption Act
- 1988
